Compulsory acquisition for NSIPs—application, draft DCO and supporting documentation
Produced in partnership with Charlotte Coulson

The following Planning practice note produced in partnership with Charlotte Coulson provides comprehensive and up to date legal information covering:

  • Compulsory acquisition for NSIPs—application, draft DCO and supporting documentation
  • Draft DCO
  • Documentation to support the compulsory acquisition case
  • Statement of Reasons
  • Funding statement
  • Book of Reference
  • Land plans
  • Modification of procedural requirements for NSIPs in light of coronavirus

Compulsory acquisition for NSIPs—application, draft DCO and supporting documentation

The Planning Act 2008 (PA 2008) introduced development consent orders (DCOs) for nationally significant infrastructure projects (NSIPs). The regime provides for the grant of compulsory acquisition powers as part of the DCO, with no need to seek separate compulsory purchase order powers for such NSIPs (this applies in respect of development in England. For development in Wales, where compulsory acquisition is required for associated development, a separate compulsory purchase order will still need to be promoted). For further background, see: Compulsory acquisition for NSIPs—introduction and principles.

This Practice Note assumes that the decision to include powers of compulsory acquisition in the draft DCO has been made, and considers the draft compulsory acquisition provisions and supporting documentation for the DCO application, as well as the procedure on acceptance of the DCO application by the Examining Authority under PA 2008 (ExA).

See also Practice Notes:

  1. Compulsory acquisition for NSIPs—introduction and principles

  2. Compulsory acquisition for NSIPs—examination, making the DCO, costs, implementation and material change applications

  3. Compulsory Acquisition for NSIPs—special categories of land, associated development and additional land

Draft DCO

Articles containing powers of compulsory acquisition need to be drafted and included in the DCO submitted with the application, if required. The wording of these articles will be closely scrutinised by the ExA and the Secretary of State.

The Localism Act 2011 revoked the Infrastructure

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